Sentences with phrase «dismissing claims for breach of contract»

The court held that the motion judge did not err in dismissing the claim for breach of contract, but varied the order to permit an amendment of the pleadings to plead the specific term of the agreement that was allegedly breached, if available on the facts.

Not exact matches

However, where an employer prematurely claims frustration of the employment contract and terminates the employment relationship on that basis, the employee will be found to have been wrongfully dismissed, and will be entitled to common law reasonable notice as well as damages for a breach of the Code.

(14 day trial; Construction contract; project management; claims alleging fraudulent misappropriation, deceit, breach of fiduciary duty, dishonest assistance and professional negligence against designers / project managers; claim for an account; all serious allegations against Marc Beaumont's client dismissed).

Secured dismissal of action alleging breaches of fiduciary duties, conversion, fraud, tortious interference with expectancy, accounting, breach of contract, money had and received, and conspiracy in the U.S. District Court for the Central District of California on a Motion to Dismiss for Lack of Personal Jurisdiction and Failure to State a Claim;

Copyright infringement and breach of contract claims brought by the graphic design firm LimeCoral against employment website operator CareerBuilder were properly dismissed by the federal district court in Chicago, the U.S. Court of Appeals for the Seventh Circuit has decided

What to do if a worker does not have the right to work in the UK, for example, dismissing a worker with a view to avoiding claims for breach of contract and / or discrimination.

It will be recalled that these cases concerned claims for open - ended contractual damages for alleged breaches of employment contracts by the employers in the way that the claimants were disciplined and dismissed.

A consultant surgeon dismissed for gross professional and personal misconduct can not bring a # 3.8 m claim against an NHS trust for breach of contract regarding the disciplinary hearing, the Supreme Court has ruled.

March 2000 - Bench Trial (5 days) Court: Los Angeles County Superior Court (Hon. Joseph R. Kalin) Case: Breach of Written Employment Contract for Chief Financial Officer Role: Lead Trial Attorney Verdict: Plaintiff (fraud claims and individuals dismissed before trial)

Harvard Associates, Ltd. v. Hayt, Hayt & Landau (238 A.D. 2d 378)- summary judgment to dismiss broker's claim for breach of contract denied where issue of fact exists as to whether or not broker was the procuring cause of re-negotiated lease; contract provision obligates the party to protect and preserve the broker's right to recover any earned commission from the owner.

Soviero v. Carroll Group International, Inc. (27 A.D. 3d 276)- salesperson asserted causes of action for breach of an oral employment agreement, for wages, statutory liquidated damages and statutory attorney's fees under the Labor Law, for conversion and conspiracy to commit conversion by the broker and punitive damages for intentional tort; order dismissing all causes of action except the breach of contract claim affirmed; salesperson was fired by the firm and was no longer an «employee» or a «commissioned salesman» of the brokerage firm after her termination, such as would entitle her to wages or a commission; conversion cause of action fails as salesperson must have exercised ownership, possession or control of the property in the first place which she never had such ownership; no viable claim for punitive damages which are not recoverable for ordinary breach of contract